Get free answers to your Family Law legal questions from lawyers in your area.
How does a judge finalize a divorce without the defendant signing the Affirmation of Defendant in an action for divorce? The defendant was dissatisfied with the stipulation of settlement as he sought legal fees from the plaintiff, but the defendant's attorney ignored this request, and the... View More 
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answered on Mar 13, 2025
I understand that you have concerns about the finalization of the divorce without the defendant’s affirmation signature, especially regarding the defendant’s dissatisfaction with the settlement and the request for legal fees. In New York, while the process of finalizing a divorce is generally... View More
I entered into a domestic partnership in California, but I now live in New York, and my partner lives in Maryland. It is a mutual decision to terminate the partnership. We've settled all property and assets, and there are no children involved. Can I terminate the California domestic... View More
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answered on Mar 13, 2025
I understand that ending a domestic partnership can be a complex process, especially when it involves multiple states. In your case, you are seeking to terminate a California domestic partnership while residing in New York, and your partner lives in Maryland. While the specifics of the process may... View More
I’m a legal adult, age eighteen, and planning on leaving my home. Though, with my mom, she has all my documents. She has my birth certificate, SSN, anything else I’d need to fully be able to live without being under her care freely. She wouldn’t go for this, she’d pray on my downfall, and... View More
In our 2023 divorce decree, we agreed that each of us would claim one child on our taxes. Last year, we filed accordingly without any issues. This year, my ex-spouse filed first and claimed both children for the Earned Income Credit (EIC), stating his lawyer advised it was permissible because he is... View More
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answered on Mar 13, 2025
I understand how frustrating this situation must be, especially when you have a clear agreement in your divorce decree regarding claiming the children for tax benefits. The issue you’ve encountered involves the Earned Income Credit (EIC), which is a valuable tax benefit for custodial parents.... View More
I'm 10 years old, and my parents gave me a Nintendo Switch as a gift. They've decided to restrict my usage, even when it's not connected to their TV, because they believe I play too much. Can they do this?
answered on Mar 2, 2025
You are 10 years old. Your parents have the absolute right to restrict your game usage, as well as everything else.
I have been raising a child since birth who is not biologically mine and is now 7 years old. The father has never been involved, and I have the child on weekends with the mother's agreement. There are no formal legal arrangements currently. I believe the mother's house is not safe for the... View More
answered on Mar 3, 2025
It’s great that you’ve been a consistent and caring presence in this child’s life. Since you are not the biological or legal parent, gaining legal rights in New York can be challenging, but it may be possible, depending on the circumstances.
What Legal Options Could You Have?... View More
If I were to get married at 17 in New York State without parental consent, would I be considered legally emancipated from my parents? I currently live with my mother, who is not supportive of the marriage, and I want to become independent. I also have a stay-away order against my father. What legal... View More
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answered on Mar 3, 2025
We cannot provide particularized legal advice as to what legal steps the asker can or cannot take. We can educate to an extent. We will assume the asker is female.
The concept of emancipation involves an economic switch from drawing support from one man to drawing support from another man.... View More
I got married in NYC and later discovered that my wife was still married in the Philippines five years before we met. Her mother was aware but kept it from me. I've since filed for divorce and have obtained full legal custody of our children. I'm concerned about the implications on our... View More
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answered on Mar 13, 2025
I understand that discovering your wife’s prior marriage has created a lot of confusion and concern, particularly regarding the validity of your marriage and the division of assets. The situation you described has legal implications, and it's important to clarify the status of your marriage... View More
A family member is threatening to press civil or criminal charges if I don't provide financial documents related to joint checking accounts now solely in my name after the passing of a loved one. Both my family member and I are next of kin, but they were fairly estranged from the deceased.... View More
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answered on Mar 3, 2025
The fact that the decedent left no will means New York state's intestacy statute applies. If the asker and his family member are on the line of succession at the same level, then the joint checking account must be split between the two. The family member is correct as to his position that he... View More
I'm in New York and jointly on a car loan with my ex. We're both listed on the title, but the car is registered in her name. I have missed some payments, and she has already taken the car. Can she legally keep the car despite my name being on the loan and title?
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answered on Mar 13, 2025
I understand how complicated and frustrating this situation must be, especially with your name still being on the car loan and title. In New York, the law governing car loans, titles, and property rights can be tricky, especially when there are multiple parties involved in the loan and ownership of... View More
I had a car accident 4 years ago and settled my claim, with the settlement funds being used for joint household expenses for my wife and me. My wife is still in the process of settling her claim, and we do not have a prenuptial agreement. We have been married for 33 years and are currently... View More
answered on Feb 26, 2025
It depends. If your wife's case is settled after your divorce is finalized, then the settlement proceeds will be considered your wife's separate property and not marital assets. Even if the case is resolved before your divorce, under New York Domestic Relations Law § 236, if the... View More
Equitable Distribution in NYS: My soon-to-be-ex spouse has been withdrawing $4,000 a month for the last 14 months from our joint marital money market account, claiming these funds are for living expenses. We have no court orders or agreements concerning the financial management of marital assets... View More
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answered on Mar 13, 2025
I understand how frustrating and concerning this situation must be, especially given the significant impact these withdrawals could have on the equitable distribution of marital assets in your divorce. In New York, the Automatic Orders that apply in divorce proceedings serve to protect both... View More
I'm 24 years old and recently discovered through a DNA test that the man I thought was my father is not my biological father. My mother has passed away, and I currently don't have any specific person in mind who could adopt me. I'm seeking adoption primarily to establish legal... View More
I am involved in a custody dispute with my parents in New York State. They currently have a temporary custody order for my son with liberal visitation granted to me until our trial on March 13th. My girlfriend and I, who are not married, had a fight, and she moved out, but I want to reconcile for... View More
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answered on Feb 24, 2025
The short answer is yes, a family court judge can order couples to treatment as a component of a visitation protocol. The longer answer has to do with the state taking steps to ensure the safety of a child with the parents along with other considerations.
I was granted a stay away order in New York due to visible bruises on my child when they were returned to me. Despite the child having a temporary custody order and an open relocation case in Florida, how do I get the jurisdiction changed from Florida to New York?
answered on Feb 20, 2025
Under the Uniform Child Custody Jurisdiction Act, the residence of the child for 6 months determines jurisdiction.
I want to petition for legal guardianship (Article 81) over my incapacitated mother in NYC, who has Alzheimer's. I am unsure which identity documents I need to present to the court. Will I need to get a copy of my birth certificate to show my relationship to her, or will her American passport... View More
answered on Feb 19, 2025
Filing for Article 81 Guardianship in New York is an important step in ensuring your mother receives proper care and protection. Every Article 81 is different and the process can be very confusing. Here's our analysis:
Documents You May Need for an Article 81 Guardianship Petition:... View More
In New York, I was originally receiving child support from my ex-husband, who earned $125,000 a year working for Long Island Railroad, while I earned $17,000 a year on disability. Around 2015, after my son joined the military at 17 and my children started living equally with both of us, the court... View More
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answered on Feb 19, 2025
Certainly it is legal, but voters do nothing to challenge this cockamamie scheme of suppressing the white working middle class. Child support enforcement is the culprit and it was ginned up by Hillary Clinton in the White House.
Elon Musk can procreate all he wants (now up to thirteen... View More
I have been divorced since November 2018, and the agreement required me to refinance our home within 9 months. However, as a former stay-at-home mom and cancer patient, building credit has been challenging. Despite efforts to refinance, job losses due to court-related absences have hindered... View More
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answered on Mar 16, 2025
I understand that this situation is deeply concerning, especially given your financial struggles and health challenges. Based on the details you provided, there are several legal arguments and actions you may be able to take to protect your ownership of the home.
Your divorce agreement... View More
I want to pursue legal action against a forensic custody evaluator for ethical violations, including falsifying and altering statements, and misrepresenting credentials as a psychologist. I have documented evidence across 25 pages, including his submissions to court, and I've found numerous... View More
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answered on Feb 18, 2025
It is a shame these questions do not include particularized details of the issues that generated each question. Here, we are told of a forensic evaluator who performed poorly during an evaluation absent any misconduct except that he falsified and altered statements and misrepresented his... View More
My husband and I were married for 15 years and have four children. I expressed my wish for a divorce almost two years ago, but due to financial constraints, I delayed filing until January 2024, when he was served. On my lawyer's advice, I separated our bank accounts and began paying household... View More
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answered on Feb 15, 2025
Financial abandonment is a claim that does not exist in New York. A parent can engage with his children or can be aloof from his children. Government cannot force someone to be a better parent. A litigant is free to refuse mediation as mediation is not mandatory in New York. The asker can document... View More
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